Friday, January 20 2023   \  Published by JD Supra.

Can Trademark Applications and Administrative Proceedings Subject a Foreign Applicant to Service or Jurisdiction in Court Proceedings in the U.S.?

Can Trademark Applications and Administrative Proceedings Subject a Foreign Applicant to Service or Jurisdiction in Court Proceedings in the U.S.?

Suppose that you are a foreign applicant who either files a trademark application, opposition proceeding, or cancellation proceeding with the USPTO. Can this act of filing subject the foreign applicant to service of process or specific or personal jurisdiction in court proceedings in the U.S.? The answer is YES! as to service of process if you are in the Ninth Circuit (Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, and Washington) and it depends on the jurisdiction of where the court proceeding is commenced.

Under Section 1051(e) of the Lanham Act, 15 U.S.C. §1051(e), a trademark applicant may designate a resident for service of process and notices as follows: Read more

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